Foundational Documents
Declaration of Independence
- Opening: Sometimes it’s necessary for people to separate from a government, but there must be a clear reason that can be
presented to others
- Structure:
1. Founding principles of America: right to protest/revolt, unalienable rights (life, liberty, & the pursuit of
happiness), right to alter/abolish the government
a. If a government cannot protect unalienable rights, the people have the right to overthrow their
government
2. List of grievances: lists out how the British government encroached on the colonists’ rights, eventually leading
them to revolt against them
a. Includes unlawful military occupation, taxation without representation, unfair trials/punishments,
unwarranted jurisdiction, etc.
3. Attempts at redress: explains the colonists’ attempts to petition, only to be ignored
4. Declaration of Independence: declares the US a sovereign nation, free from British rule & dissolves all political
connection between them
a. Establishes the US as an independent republic
- Main argument: the British government repeatedly violated the rights of American colonists, which broke the social
contract between them, taking away their authority to govern & allowing the colonists to abolish the government to make
a new one
- Talks about the power of government & the founding ideals of America
Articles of Confederation
- Didn’t want to trade tyranny for tyranny
- States wanted economic independence
- Structure: emphasized state sovereignty over a unified national government
- Article I: Showed the government was a confederacy of states rather than a united nation
- Article II: Gave states the ultimate authority & the central government limited powers, which made the central
government overrely on states to function
- Article III: “League of friendship” enforces the idea that each state was its own sovereign nation & the US was an
alliance of nations with shared goals, without a national authority to enforce the goals on everyone
- Article V: Laid out the structure of national government, gave each state 2-7 delegates but only 1 vote in
Congress, which led to underrepresentation of populations in bigger states
- Article IX: Outlined the powers of the national government (Congress), which included the ability to declare
war/peace, send/recieve ambassadors, enter treaties/alliances, mediate disputes between states, regulate
money/trade, build a navy, etc.
- Article XIII: states had to abide by the decisions of Congress & amendments required unanimous consent
- Why it does not succeed: the central government held too little power
- Prioritized independent sovereign states over a strong central government, resulting in a weak central government
with only a one-house Congress that held limited power
- “Firm league of friendship” between states
- No Executive/Judicial branch: Congress couldn’t enforce laws & the lack of a national judiciary meant that
disputes between states couldn’t be solved through a neutral party, leading to conflicts
- No power to tax: the government couldn’t coin money, raise revenue & couldn’t pay soldiers, fund public
services, or pay back war debts
, - Inability to regulate commerce: Congress couldn’t regulate interstate/international trade, leading to states
engaging in trade wars with each other & difficulties creating trade treaties with other countries due to a lack of
national economic policies
- Supermajority requirement: 9/13 supermajority of states was needed to pass major legislation & unanimous
vote was needed to amend the Articles, leading to a small minority of states blocking anything they disliked
- Difficult to amend
- No centralized military: the national government was unable to respond to conflict & had to wait for states to
provide soldiers & funding
- Dependency: National government was dependent on states
- Foundational: Exposed the weakness of a weak central government
- Shay’s Rebellion - happened during AOC and the central government couldn’t respond
- Whiskey’s Rebellion - happened during the Constitution and response was strong
US Constitution
- Foundational: is a social contract that establishes a system of limited government, established the structure of the
American government, laid out the Bill of Rights (which protected individual rights), stated the government’s power came
from people, and was more flexible to amendments
- Preamble: government is created by the people, for the people
- Articles: establish structure & power of the federal government
1. Legislative branch: creates a bicameral legislature, outlines powers & responsibilities of Congress, & adds the
Necessary & Proper Clause
a. Creates the laws
b. Controls the money
2. Executive branch: creates the position of President & outlines powers & responsibilities of the President
(Commander-in-Chief of armed forces, makes treaties, appoints judges/amabassadors, & enforces the law)
a. Enforces the laws
3. Judicial branch: creates the Supreme Court, allows Congress to create lower federal courts, & outlines the
jurisdiction of federal courts
a. Interprets the laws
b. Allows judges to serve without political pressure
4. States: defines the relationships between states, the federal government, & themselves
a. Full Faith & Credit Clause: requires states to abide by public acts, records, & judicial proceedings of other
states & gives all citizens the same privileges & immunities in all states
5. Amendment process: outlines the process for amending the Constitution, which needs a supermajority (⅔ of
Congress/state legislatures) to propose & ¾ (of state legislatures/conventions)
a. Constitution is a living document
b. High bar for passing represents a majority consensus
6. Supremacy Clause: the Constitution, federal laws, & treaties are the “supreme law of the land”
a. All federal & state officials have to take an oath to support the Constitution
b. Entry into office cannot be barred due to religious reasons
7. Ratification: the Constitution has to be ratified by 9/13 states
- Bill of Rights - contains the first ten Amendments and were an important compromise demanded by Anti-Federalists to
protect individual liberties/limit the power of the new central government
1. First Amendment - freedom of religion, speech, press, assembly, & protest
a. Freedom of Religion:
i. Establishment Clause - guards against a government-sponsored religion, favoring one religion
over another, & excessive cooperation between church and state
ii. Free Exercise Clause - protects the right to religious worship and practice, prevents the
government from interfering with individuals practicing their religion
, - Worship can be restricted if it violates neutral laws intended for a “compelling
governmental interest” (ex. safety, health)
b. Freedom of Speech:
i. Unprotected Speech: obscenity, defamation (libel/slander), obscenity, threats, plotting crime,
copyright infringement, false advertising
ii. Symbolic Speech: conveys a political message without words
iii. Time, Place, Manner (TPM) Restrictions: government can reasonably regulate where/when
speech occurs to protect public safety and prevent violence, without restricting the content
c. Freedom of the Press: allows the public to hold the government accountable
i. Used for transparency
- New York Times v. US 1971 - strengthened press freedoms by establishing a “heavy
presumption against prior restraint”
- Prior restraint - when the government attempts to restrict publication before it occurs
a. Burden of proof is on the government
b. Only allowed if there is a direct threat to national security
2. Second Amendment - right to keep and bear arms & maintain a militia
a. Federalism - states/cities can impose varying regulations beyond the federal ones
3. Third Amendment - prohibits the quartering of soldiers in private homes against the owner’s consent during times
of peace
4. Fourth Amendment - protects people from unreasonable searches & seizures, requiring law enforcement to
obtain warrants based on probable cause
a. Unreasonable searches and seizures - evidence obtained haphazardly or randomly, prohibited by the 4th
Amendment
i. Warrantless Searches - allowed under legal exceptions
- Ex. pat-down based on reasonable suspicion
b. Probable Cause - when the police have reason to believe that a person should be arrested or searched
c. Exclusionary Rule - illegally obtained evidence is disallowed in court to provide a safeguard against
abusive police conduct
5. Fifth Amendment - people that are accused obtain the right to remain silent & protection against being
prosecuted for the same crime twice
a. Miranda Rule - law enforcement must notify suspects in custody of their 5th and 6th Amendment rights
before interrogation
i. Exceptions: No warning needed if the person isn’t a suspect or in custody or if it’s an unwarned
interrogation during an ongoing crisis
b. Right to Remain Silent - protects suspects/defendants from being compelled to be a witness against
themselves and prevents false confessions
c. Double Jeopardy - prohibits being prosecuted for the same offense after acquittal
d. Due Process Clause - everyone deserves due process
e. Eminent Domain - right of the government to take private property for the public good
i. Takings Clause - requires just compensation if private property is taken for public use
6. Sixth Amendment -guarantees the right to speedy & public trials, an impartial jury, to be informed of all charges,
to confront witnesses & to have an attorney
a. Gideon v. Wainwright 1963 - incorporated the right to an attorney, requiring states to provide counsel for
defendants in all felony cases
7. Seventh Amendment - right to a jury trial in civil cases
8. Eighth Amendment - prohibits excessive bail/fines and cruel and unusual punishments
a. Death penalty was ruled not cruel and unusual
9. Ninth Amendment - unenumerated rights are retained by the people
a. Right to Privacy - liberty established by the Supreme Court through the Selective Incorporation Doctrine
and the 9th Amendment that infers a fundamental right to privacy
10. Tenth Amendment - any powers not specifically given to the federal government, or not specifically withheld
from the states, are reserved for the states or people
, - 14th Amendment - passed to guarantee citizenship, due process of the law, and equal protection to formerly enslaved
people
- Due Process Clause - states must give everyone due process
- Equal Protection Clause - everyone has equal protection under the law
- Selective Incorporation - applies specific provisions of the Bill of Rights to state governments
Federalist 10
- Factions: a group of citizens united by a common interest/passion that are adverse to the rights of other citizens or to the
permanent and aggregate interest of the community
- Factions are natural & inevitable due to human nature (diverse opinions/passions, unequal distribution of
property, different socioeconomic status, etc.)
- Connects economic inequality directly to political conflict
- Causes of factions are uncontrollable as it would require either destroying liberty or giving everybody the same
opinions, passions, & interests
- Effects of factions are controllable
- Minority faction: can be checked by majority vote
- Majority faction: could oppress minorities & violate individual rights
- Pure democracy: inherently unstable & prone to majority tyranny since there is no check on a majority faction
- Republic (or representative government): refines & enlarges public views by passing them through
representatives
- A large republic is better at controlling factions due to a greater number of representatives, greater
diversity of interests
- US’ representative republic, with the size & diversity of the US population, helps safeguard liberty
Brutus 1
- Role of government:
- Strong central government: will dissolve individual states
- Necessary & Proper Clause & Supremacy Clause gives the federal government unlimited power, which
erodes state sovereignty
- Central government is unable to govern a large, diverse population without using force, because
representatives won’t be able to represent their constituents
- Would lead to a government where the elite hold power, leading to tyranny & oppression of the
people as those individuals would follow their own self-interests
- Would be hard to hold representatives accountable for their abuse of power because of the
distance between them & the people
- Easier for representatives to act in self-interest rather than as a public servant
- Absence of a Bill of Rights will lead to the government imposing on people’s rights & liberties
- Government can raise/maintain an army, which it can use against its own citizens
- Weak central government (confederal system): states have most of the power & the central government has weak,
limited, & stated powers
Federalist 51
- Structure of government:
- Separation of powers: three distinct branches keeps powers from concentrating in one group (between
legislative, executive, and judicial)
Declaration of Independence
- Opening: Sometimes it’s necessary for people to separate from a government, but there must be a clear reason that can be
presented to others
- Structure:
1. Founding principles of America: right to protest/revolt, unalienable rights (life, liberty, & the pursuit of
happiness), right to alter/abolish the government
a. If a government cannot protect unalienable rights, the people have the right to overthrow their
government
2. List of grievances: lists out how the British government encroached on the colonists’ rights, eventually leading
them to revolt against them
a. Includes unlawful military occupation, taxation without representation, unfair trials/punishments,
unwarranted jurisdiction, etc.
3. Attempts at redress: explains the colonists’ attempts to petition, only to be ignored
4. Declaration of Independence: declares the US a sovereign nation, free from British rule & dissolves all political
connection between them
a. Establishes the US as an independent republic
- Main argument: the British government repeatedly violated the rights of American colonists, which broke the social
contract between them, taking away their authority to govern & allowing the colonists to abolish the government to make
a new one
- Talks about the power of government & the founding ideals of America
Articles of Confederation
- Didn’t want to trade tyranny for tyranny
- States wanted economic independence
- Structure: emphasized state sovereignty over a unified national government
- Article I: Showed the government was a confederacy of states rather than a united nation
- Article II: Gave states the ultimate authority & the central government limited powers, which made the central
government overrely on states to function
- Article III: “League of friendship” enforces the idea that each state was its own sovereign nation & the US was an
alliance of nations with shared goals, without a national authority to enforce the goals on everyone
- Article V: Laid out the structure of national government, gave each state 2-7 delegates but only 1 vote in
Congress, which led to underrepresentation of populations in bigger states
- Article IX: Outlined the powers of the national government (Congress), which included the ability to declare
war/peace, send/recieve ambassadors, enter treaties/alliances, mediate disputes between states, regulate
money/trade, build a navy, etc.
- Article XIII: states had to abide by the decisions of Congress & amendments required unanimous consent
- Why it does not succeed: the central government held too little power
- Prioritized independent sovereign states over a strong central government, resulting in a weak central government
with only a one-house Congress that held limited power
- “Firm league of friendship” between states
- No Executive/Judicial branch: Congress couldn’t enforce laws & the lack of a national judiciary meant that
disputes between states couldn’t be solved through a neutral party, leading to conflicts
- No power to tax: the government couldn’t coin money, raise revenue & couldn’t pay soldiers, fund public
services, or pay back war debts
, - Inability to regulate commerce: Congress couldn’t regulate interstate/international trade, leading to states
engaging in trade wars with each other & difficulties creating trade treaties with other countries due to a lack of
national economic policies
- Supermajority requirement: 9/13 supermajority of states was needed to pass major legislation & unanimous
vote was needed to amend the Articles, leading to a small minority of states blocking anything they disliked
- Difficult to amend
- No centralized military: the national government was unable to respond to conflict & had to wait for states to
provide soldiers & funding
- Dependency: National government was dependent on states
- Foundational: Exposed the weakness of a weak central government
- Shay’s Rebellion - happened during AOC and the central government couldn’t respond
- Whiskey’s Rebellion - happened during the Constitution and response was strong
US Constitution
- Foundational: is a social contract that establishes a system of limited government, established the structure of the
American government, laid out the Bill of Rights (which protected individual rights), stated the government’s power came
from people, and was more flexible to amendments
- Preamble: government is created by the people, for the people
- Articles: establish structure & power of the federal government
1. Legislative branch: creates a bicameral legislature, outlines powers & responsibilities of Congress, & adds the
Necessary & Proper Clause
a. Creates the laws
b. Controls the money
2. Executive branch: creates the position of President & outlines powers & responsibilities of the President
(Commander-in-Chief of armed forces, makes treaties, appoints judges/amabassadors, & enforces the law)
a. Enforces the laws
3. Judicial branch: creates the Supreme Court, allows Congress to create lower federal courts, & outlines the
jurisdiction of federal courts
a. Interprets the laws
b. Allows judges to serve without political pressure
4. States: defines the relationships between states, the federal government, & themselves
a. Full Faith & Credit Clause: requires states to abide by public acts, records, & judicial proceedings of other
states & gives all citizens the same privileges & immunities in all states
5. Amendment process: outlines the process for amending the Constitution, which needs a supermajority (⅔ of
Congress/state legislatures) to propose & ¾ (of state legislatures/conventions)
a. Constitution is a living document
b. High bar for passing represents a majority consensus
6. Supremacy Clause: the Constitution, federal laws, & treaties are the “supreme law of the land”
a. All federal & state officials have to take an oath to support the Constitution
b. Entry into office cannot be barred due to religious reasons
7. Ratification: the Constitution has to be ratified by 9/13 states
- Bill of Rights - contains the first ten Amendments and were an important compromise demanded by Anti-Federalists to
protect individual liberties/limit the power of the new central government
1. First Amendment - freedom of religion, speech, press, assembly, & protest
a. Freedom of Religion:
i. Establishment Clause - guards against a government-sponsored religion, favoring one religion
over another, & excessive cooperation between church and state
ii. Free Exercise Clause - protects the right to religious worship and practice, prevents the
government from interfering with individuals practicing their religion
, - Worship can be restricted if it violates neutral laws intended for a “compelling
governmental interest” (ex. safety, health)
b. Freedom of Speech:
i. Unprotected Speech: obscenity, defamation (libel/slander), obscenity, threats, plotting crime,
copyright infringement, false advertising
ii. Symbolic Speech: conveys a political message without words
iii. Time, Place, Manner (TPM) Restrictions: government can reasonably regulate where/when
speech occurs to protect public safety and prevent violence, without restricting the content
c. Freedom of the Press: allows the public to hold the government accountable
i. Used for transparency
- New York Times v. US 1971 - strengthened press freedoms by establishing a “heavy
presumption against prior restraint”
- Prior restraint - when the government attempts to restrict publication before it occurs
a. Burden of proof is on the government
b. Only allowed if there is a direct threat to national security
2. Second Amendment - right to keep and bear arms & maintain a militia
a. Federalism - states/cities can impose varying regulations beyond the federal ones
3. Third Amendment - prohibits the quartering of soldiers in private homes against the owner’s consent during times
of peace
4. Fourth Amendment - protects people from unreasonable searches & seizures, requiring law enforcement to
obtain warrants based on probable cause
a. Unreasonable searches and seizures - evidence obtained haphazardly or randomly, prohibited by the 4th
Amendment
i. Warrantless Searches - allowed under legal exceptions
- Ex. pat-down based on reasonable suspicion
b. Probable Cause - when the police have reason to believe that a person should be arrested or searched
c. Exclusionary Rule - illegally obtained evidence is disallowed in court to provide a safeguard against
abusive police conduct
5. Fifth Amendment - people that are accused obtain the right to remain silent & protection against being
prosecuted for the same crime twice
a. Miranda Rule - law enforcement must notify suspects in custody of their 5th and 6th Amendment rights
before interrogation
i. Exceptions: No warning needed if the person isn’t a suspect or in custody or if it’s an unwarned
interrogation during an ongoing crisis
b. Right to Remain Silent - protects suspects/defendants from being compelled to be a witness against
themselves and prevents false confessions
c. Double Jeopardy - prohibits being prosecuted for the same offense after acquittal
d. Due Process Clause - everyone deserves due process
e. Eminent Domain - right of the government to take private property for the public good
i. Takings Clause - requires just compensation if private property is taken for public use
6. Sixth Amendment -guarantees the right to speedy & public trials, an impartial jury, to be informed of all charges,
to confront witnesses & to have an attorney
a. Gideon v. Wainwright 1963 - incorporated the right to an attorney, requiring states to provide counsel for
defendants in all felony cases
7. Seventh Amendment - right to a jury trial in civil cases
8. Eighth Amendment - prohibits excessive bail/fines and cruel and unusual punishments
a. Death penalty was ruled not cruel and unusual
9. Ninth Amendment - unenumerated rights are retained by the people
a. Right to Privacy - liberty established by the Supreme Court through the Selective Incorporation Doctrine
and the 9th Amendment that infers a fundamental right to privacy
10. Tenth Amendment - any powers not specifically given to the federal government, or not specifically withheld
from the states, are reserved for the states or people
, - 14th Amendment - passed to guarantee citizenship, due process of the law, and equal protection to formerly enslaved
people
- Due Process Clause - states must give everyone due process
- Equal Protection Clause - everyone has equal protection under the law
- Selective Incorporation - applies specific provisions of the Bill of Rights to state governments
Federalist 10
- Factions: a group of citizens united by a common interest/passion that are adverse to the rights of other citizens or to the
permanent and aggregate interest of the community
- Factions are natural & inevitable due to human nature (diverse opinions/passions, unequal distribution of
property, different socioeconomic status, etc.)
- Connects economic inequality directly to political conflict
- Causes of factions are uncontrollable as it would require either destroying liberty or giving everybody the same
opinions, passions, & interests
- Effects of factions are controllable
- Minority faction: can be checked by majority vote
- Majority faction: could oppress minorities & violate individual rights
- Pure democracy: inherently unstable & prone to majority tyranny since there is no check on a majority faction
- Republic (or representative government): refines & enlarges public views by passing them through
representatives
- A large republic is better at controlling factions due to a greater number of representatives, greater
diversity of interests
- US’ representative republic, with the size & diversity of the US population, helps safeguard liberty
Brutus 1
- Role of government:
- Strong central government: will dissolve individual states
- Necessary & Proper Clause & Supremacy Clause gives the federal government unlimited power, which
erodes state sovereignty
- Central government is unable to govern a large, diverse population without using force, because
representatives won’t be able to represent their constituents
- Would lead to a government where the elite hold power, leading to tyranny & oppression of the
people as those individuals would follow their own self-interests
- Would be hard to hold representatives accountable for their abuse of power because of the
distance between them & the people
- Easier for representatives to act in self-interest rather than as a public servant
- Absence of a Bill of Rights will lead to the government imposing on people’s rights & liberties
- Government can raise/maintain an army, which it can use against its own citizens
- Weak central government (confederal system): states have most of the power & the central government has weak,
limited, & stated powers
Federalist 51
- Structure of government:
- Separation of powers: three distinct branches keeps powers from concentrating in one group (between
legislative, executive, and judicial)
